DANIEL EPHATA LYIMO

The applicant was not afforded the right to be heard in the nullification proceedings, violating fundamental principles of natural justice and rendering the District Court's proceedings and decision a nullity.

Citation: DANIEL EPHATA LYIMO
Parties: Applicant: Daniel Ephata Lyimo; 1st Respondent: Edward Rashid Mgomba; 2nd Respondent: Matera & Co. Ltd; 3rd Respondent: Tanadec E.A Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 14 February 2025
Procedural Posture: Civil Revision / Ruling
Outcome: Application allowed; proceedings and ruling of District Court in Miscellaneous Civil Application No. 56 of 2023 nullified and set aside.
Legal Topics: Right to Be Heard, Functus Officio, Nullification of Proceedings
Source Language: English

Civil Procedure Natural Justice Right to Be Heard Functus Officio Nullification of Proceedings

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Parties

Daniel Ephata Lyimo

Applicant

Edward Rashid Mgomba

1st Respondent

Matera & Co. Ltd

2nd Respondent

Tanadec E.A Ltd

3rd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

1 Whether the applicant was denied the right to be heard in Miscellaneous Civil Application No. 56 of 2023
2 Whether the Dodoma District Court was functus officio when it entertained the application for nullification

Ratio Decidendi

Court Disposition

Application allowed; proceedings and ruling of District Court in Miscellaneous Civil Application No. 56 of 2023 nullified and set aside.

Orders

Proceedings and ruling of District Court in Miscellaneous Civil Application No. 56 of 2023 are nullified and set aside.
Costs to be borne by the respondents.